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Electronic Code of Federal Regulations

e-CFR data is current as of February 20, 2020

Title 29Subtitle BChapter XXPart 2204Subpart C → §2204.308


Title 29: Labor
PART 2204—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
Subpart C—Procedures for Considering Applications


§2204.308   Decision.

The preparation and issuance of decision shall be in accordance with §2200.90. Additionally, the judge's decision shall include written findings and conclusions on the applicant's eligibility and status as a prevailing party and an explanation of the reasons for any difference between the amount requested and the amount awarded. The decision shall also include, if at issue, findings on whether the Secretary's position was substantially justified, whether the applicant unduly protracted the proceedings, or whether special circumstances make an award unjust.

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